CBC teacher in trouble with loan sharks
Published: 2013 December 03 15:34:19 (6618 Views)
A FEMALE teacher at Christian Brothers College in Bulawayo is in running battles with a money lending couple that lent her a loan of $8 000 as she is failing to pay back and now avoiding them.
Nomusa Chimbima, who resides at 48 Southway Road, Burnside, allegedly borrowed the $8 000 from Austin Mhovha and his wife Memory Mhovha in May last year.
Mhovha and his wife are reportedly in the business of lending people micro loans at an interest - a practice popularly known as ukutshonisa.
The two parties are reportedly now playing hide and seek as Chimbima is allegedly avoiding the couple and the case has spilt to the courts.
The development has reportedly almost affected her at school as she reportedly either sometimes missed lessons or came late as she feared being caught in class by the couple.
It is said that Chimbima's three children, two at Petra High and Girls College and the other at Nust were about to be expelled from school for non-payment of fees and she approached the couple seeking a loan.
Scholastica Kawonde, Mhovha's aunt, referred her to the couple. It is said that Chimbima failed to pay back the money which was supposed to be paid in installments of $1 000 starting in January August this year.
Mhovha and his wife then tried to contact her but she would allegedly give numerous excuses and avoid them, according to an application for summary judgment by the couple.
The application was made to the Civil Court housed at Tredgold Building. It was heard by Bulawayo magistrate Ms Sibongile Msipa on Monday.
The couple told the court that Chimbima told them that she was a divorcee and promised to sell her house to repay the money.
"She claimed she was in need of money as her children had not paid fees. She told us her husband left her and misled that she was selling a house.
She gave us Title Deeds and passport as guarantee she would pay.
"Whenever we asked for our money back she would send text messages using her mobile phone and at some point write and signed an affidavit at Bulawayo Central Police Station undertaking to pay saying she earned $1 200 per month," Mhovha said.
He said Chimbima's application to defend was only an attempt to frustrate them from recovering their money.
"She has inconvenienced us because we are in debt for medical bills and we are now failing to complete our house which we are constructing. We cannot pay for our daughter who is doing Grade Zero and she has since stopped going to school. We feel she has no defence to offer," said Mhovha in his affidavit.
In her opposing application Chimbima said she was made to sign an affidavit under duress as her creditors threatened to dump their children in her class. She disputes the couple's claims.
"I borrowed $1 700 and the interest was 80 percent. I paid back $1 200 at the end of September. They offered me another $800 and I took it but I couldn't pay back the $1 300 with interest by December," she said.
Chimbima said she paid a further $1 000 in February 2012 and another $200 in March and denied ever promising the couple that she would sell her house to pay back the money saying she could not do that because it is not in her name as she is still paying for it.
She claimed that the couple took away her passport and Title Deeds under unclear circumstances, which is why she went to report them to the police. Mhovha was once detained at Bulawayo Central Police Station over night because of the issue.
"I signed the affidavit under duress as they threatened to come with their children and embarrass me at school. I was still on probation and feared I will be destructed at work," said Chimbima.
She disputed borrowing $8 000, adding that she only took $2 500 and had allegedly paid back $2 400 in March this year.
Chimbima, who is being represented by Hara and Partners said her lawyer advised her that 80 percent interest was unlawful in terms of the Agents Contract Penalties Act Chapter 8:04 and Money Lending and Rates of Interests Act Chapter 14:14.
She claims that she has a genuine defence against the claim of $8 000and prays for the dismissal of the application. The matter was postponed to 30 December when a determination will be made.
- Zim Metro
Nomusa Chimbima, who resides at 48 Southway Road, Burnside, allegedly borrowed the $8 000 from Austin Mhovha and his wife Memory Mhovha in May last year.
Mhovha and his wife are reportedly in the business of lending people micro loans at an interest - a practice popularly known as ukutshonisa.
The two parties are reportedly now playing hide and seek as Chimbima is allegedly avoiding the couple and the case has spilt to the courts.
The development has reportedly almost affected her at school as she reportedly either sometimes missed lessons or came late as she feared being caught in class by the couple.
It is said that Chimbima's three children, two at Petra High and Girls College and the other at Nust were about to be expelled from school for non-payment of fees and she approached the couple seeking a loan.
Scholastica Kawonde, Mhovha's aunt, referred her to the couple. It is said that Chimbima failed to pay back the money which was supposed to be paid in installments of $1 000 starting in January August this year.
Mhovha and his wife then tried to contact her but she would allegedly give numerous excuses and avoid them, according to an application for summary judgment by the couple.
The application was made to the Civil Court housed at Tredgold Building. It was heard by Bulawayo magistrate Ms Sibongile Msipa on Monday.
The couple told the court that Chimbima told them that she was a divorcee and promised to sell her house to repay the money.
"She claimed she was in need of money as her children had not paid fees. She told us her husband left her and misled that she was selling a house.
She gave us Title Deeds and passport as guarantee she would pay.
"Whenever we asked for our money back she would send text messages using her mobile phone and at some point write and signed an affidavit at Bulawayo Central Police Station undertaking to pay saying she earned $1 200 per month," Mhovha said.
He said Chimbima's application to defend was only an attempt to frustrate them from recovering their money.
"She has inconvenienced us because we are in debt for medical bills and we are now failing to complete our house which we are constructing. We cannot pay for our daughter who is doing Grade Zero and she has since stopped going to school. We feel she has no defence to offer," said Mhovha in his affidavit.
In her opposing application Chimbima said she was made to sign an affidavit under duress as her creditors threatened to dump their children in her class. She disputes the couple's claims.
"I borrowed $1 700 and the interest was 80 percent. I paid back $1 200 at the end of September. They offered me another $800 and I took it but I couldn't pay back the $1 300 with interest by December," she said.
Chimbima said she paid a further $1 000 in February 2012 and another $200 in March and denied ever promising the couple that she would sell her house to pay back the money saying she could not do that because it is not in her name as she is still paying for it.
She claimed that the couple took away her passport and Title Deeds under unclear circumstances, which is why she went to report them to the police. Mhovha was once detained at Bulawayo Central Police Station over night because of the issue.
"I signed the affidavit under duress as they threatened to come with their children and embarrass me at school. I was still on probation and feared I will be destructed at work," said Chimbima.
She disputed borrowing $8 000, adding that she only took $2 500 and had allegedly paid back $2 400 in March this year.
Chimbima, who is being represented by Hara and Partners said her lawyer advised her that 80 percent interest was unlawful in terms of the Agents Contract Penalties Act Chapter 8:04 and Money Lending and Rates of Interests Act Chapter 14:14.
She claims that she has a genuine defence against the claim of $8 000and prays for the dismissal of the application. The matter was postponed to 30 December when a determination will be made.
- Zim Metro
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